Jetstar Airways Pty Ltd v Canterbury

The parties involved in this case are Jetstar Airways Pty Ltd, the employer, and Canterbury, the worker. The dispute concerns an appeal by the employer against an arbitrator's decision that Canterbury was entitled to compensation for a psychological injury sustained at work. The case was heard in the New South Wales Civil and Administrative Tribunal. The employer appealed the arbitrator’s decision, arguing that Canterbury's injury was not caused by work or that it was not reasonable for the employer to take disciplinary action against her. The employer also claimed that Canterbury's injury was not the predominant cause of her inability to work.

The legal issues the court had to address include whether the psychological injury was caused by work or if the employer took reasonable action regarding the disciplinary process, and whether the injury was the predominant cause of Canterbury's inability to work. The court had to examine the evidence and determine if the arbitrator's decision was correct. The employer argued that Canterbury's injury was due to personal reasons, not work, and that the disciplinary action was reasonable. They also claimed that the injury was not the main reason for her inability to work.

The court found that the arbitrator's decision was correct. The court noted that the employer failed to provide evidence to support their claim that the disciplinary action was reasonable. The court also found that the injury was caused by work and that it was the predominant cause of Canterbury's inability to work. The court emphasised that the employer must take reasonable action when dealing with discipline and that the injury must be caused by work to be compensable. The appeal was dismissed, and the arbitrator's decision was confirmed. The employer was ordered to pay Canterbury's costs.